Ariz. J. Ct. R. Civ. P. 113

Serving a summons and complaint.

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Rule 113: Serving a summons and complaint.
a. Personal service on individuals in the State of Arizona. A CASE OR CLAIM AGAINST
A DEFENDANT CANNOT PROCEED WITHOUT PROPER SERVICE. Except as stated
in other sections of this rule, each defendant who is found in the State of Arizona must be
personally served with the summons and complaint by a constable or by a certified private
process server who is certified under Arizona law. “Personally served” means that the constable
or private process server must deliver a copy of the summons and pleading to the individual
defendant personally, or leave copies at the individual’s residence with a person of suitable age
and discretion who lives there, or deliver copies to an authorized agent of the defendant.
Promptly after service upon a defendant, the constable or certified private process server must
prepare an affidavit as proof that the defendant was served, and the proof of service must be filed
with the court. An affidavit of attempted service should be filed with the court only as an exhibit
to a motion.
[ARCP 4(d), (g), 4.1(b), (d)]

b. Service on a corporation, partnership, limited liability company, or association within the
State of Arizona. Service of a summons and complaint within the State of Arizona upon a
corporation, a partnership, a limited liability company, or an association must be made by
personally serving an officer, a partner, or a managing or general agent, or by serving any other
agent authorized by law to receive service on behalf of the organization. The constable or
certified private process server must prepare an affidavit as proof that a corporation, a
partnership, a limited liability company, or an association was served, and the proof of service
must be filed with the court. [ARCP 4.1(k), 4(d), (g)]
c. Special situations for service of the summons and complaint on a defendant in the State of
Arizona. Service of the summons and complaint within the State of Arizona on one of the
following defendants, or using one of the following methods, must be made as provided in the
following sections of Rule 4.1 of the Arizona Rules of Civil Procedure. The rules listed in sub-
sections (1) through (9) below are included in the appendix to these Rules.
(1) Upon a minor (a child under the age of 18): see Rule 4.1(e);
(2) upon a minor with a guardian or conservator: see Rule 4.1(f);
(3) upon an incompetent individual: see Rule 4.1(g);
(4) upon the State of Arizona: see Rule 4.1(h);
(5) upon a county, municipal corporation, or other governmental subdivision: see Rule
4.1(i);
(6) upon other governmental entities: see Rule 4.1(j);
(7) upon a domestic corporation if an authorized officer or agent is not found within the
State of Arizona: see Rule 4.1(l);
(8) by alternative or substituted service: see Rule 4.1(m);
(9) by service by publication: see Rule 4.1(n).
Proof of service upon any of the above defendants or using one of the above methods must be
promptly prepared by the constable or certified private process server who completed service,
and the proof of service must be filed with the court, except that proof of service by publication
must be filed as provided by Rule 4.1(n). [ARCP 4.1(e)–(j), (l)–(n), 4(d), (g)]
d. Service on an individual outside the State of Arizona.
(1) Personal service. An out-of-state individual may be personally served with a summons
and complaint by someone who is authorized to serve process under the laws of the state
where service is made on the individual. The meaning of “personally served” is set forth in
Rule 113(a). The person who completed service must promptly prepare an affidavit as proof
that a defendant was served, and the proof of service must be filed with the court.
(2) “Alternative” service by certified mail. Alternatively, and if the defendant lives outside
the State of Arizona but inside the United States, service may be made by certified mail, with
a return receipt showing restricted delivery to the defendant. The return receipt with
defendant’s signature must be filed with the court with the plaintiff’s affidavit of service. The
affidavit must state that the defendant being served is located out-of-state; that the summons
and a copy of a specified pleading were mailed to the defendant; that the documents were in
fact received by the defendant, as shown by the return receipt that is attached to the affidavit;

and the date of receipt of the documents by the defendant who was served. Service by
certified mail is complete on the date that defendant signed the receipt, as shown on the
return receipt, and if there is no date of defendant’s signature on the return receipt, or if the
date is not legible, then service is complete on the date the affidavit of service and the return
receipt are filed with the court. [ARCP 4.2(b), (c)]
e. Special situations for service of the summons and complaint on a defendant outside the
State of Arizona. Service of the summons and complaint outside the State of Arizona on one of
the following defendants, or using one of the following methods, must be made as provided in
the following sections of Rule 4.2 of the Arizona Rules of Civil Procedure. The rules listed in
sub-sections (1) through (7) below are included in the appendix to these Rules.
(1) Under the Nonresident Motorist Act: see Rule 4.2(e);
(2) service by publication: see Rule 4.2(f);
(3) upon a corporation, partnership, or unincorporated association located outside
Arizona but within the United States: see Rule 4.2(h);
(4) upon individuals in a foreign country: see Rule 4.2(i);
(5) upon a minor or incompetent individual in a foreign country: see Rule 4.2(j);
(6) upon a corporation or association in a foreign country: see Rule 4.2(k);
(7) upon a foreign state or political subdivision of a foreign state: see Rule 4.2(l).
Proof of service upon any of the above defendants or using one of the above methods must be
prepared by the person who completed service, and the proof of service must be filed with the
court, except that proof of service under the Nonresident Motorist Act must be made as provided
by Rule 4.2(e), and proof of service by publication must be filed as provided by Rule 4.2(f).
[ARCP 4.2(e)–(f), (h)–(l), 4(g)]
f. Amendment of summons or proof of service. A summons or a proof of service may be
amended if reasonable and as the judge may allow, and if the amendment does not cause
substantial harm to the defendant who was served. [ARCP 4(h)]
g. Acceptance of service. Service may be made without the expense of a process server if the
defendant agrees in writing to accept service. A defendant may sign an acceptance of service of a
summons and complaint if a notary public witnesses the signature. The signed acceptance of
service must then be returned to the plaintiff and filed with the court. The date of service is the
date that the signed acceptance of service is filed with the court. [ARCP 4(f)]
h. Jurisdiction. A justice court may exercise personal jurisdiction over the parties who have
been properly served to the full extent permitted by the constitutions and laws of the State of
Arizona and of the United States. [ARCP 4.2(a)]
i. Dismissal because of lack of service; service on some but not all defendants. After at least
twenty (20) days notice to plaintiff, the court may dismiss a complaint as to any defendant who
has not been served with the summons and complaint within one hundred twenty (120) days after
the filing date of the complaint. Before the dismissal date, if the plaintiff shows good reasons
why a defendant has not been served, the court may extend the time for service. When some but
not all of the defendants in a lawsuit have been timely served, the court may dismiss from the

lawsuit the defendants who have not been served, and allow the plaintiff to proceed against the
defendants who have been served. [ARCP 4(i), 5(b)]
Part V: Responding to a lawsuit.

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